richard hellie
summonses or bringing someone in for trial); for registering loans and slaves.
The Sudebniki also prescribed the percentage of suits to be turned over to the
court as well as a host of other fees, all of which were to assure that those
carrying out Middle Muscovite law would not go hungry.
65
As mentioned earlier, Russianlaw especially worried about ‘the law’sdelay’.
Expeditiousresolutionof conflicts andpaymentof the requiredfees wasalmost
always uppermost in the oral society of 1497,
66
which was becoming increas-
ingly literate after 1550.
67
Delaying the process, which by 1550 had become
triadic, was something the state (at least in theory) would not tolerate.
68
The most elemental point of the Sudebniki was that judges in no way could
make law, by interpretation, by analogy, by ‘flexibility’ or any other means.
The judge had to resolve the case in front of him on the basis of what was
presented at trial. Any other case had to be sent to Moscow for resolution.
69
The degree of centralisation called for in 1550 is extraordinary: many cases had
to be sent to Moscow for final resolution.
70
The ‘Agapetus state’ (in which the
sovereign believed he was God’s vicegerent on earth and most of his subjects
concurred in that belief ) could not tolerate norms being established anywhere
other than in Moscow. In the eighteenth century, this led to a clogging of the
Russian courts, which was only undone by Alexander II’s famous Judicial
Reform of 1864.
Thereweredifferentlevels of courts in earlymodern Russia – local, peasant,
provincial, capital, the ruler’s court – but there was no system of appeal.
71
The
verdict a litigant got was the verdict the litigant was stuck with. The law’s
assumption (and also its demand) was that the judge was a disinterested person
who weighed the testimony and, following the rules, rendered a verdict which
any reasonable person in the same circumstances would issue. A litigant could
suea judge formalfeasance,butthat wasanother matter – whichdidnotreopen
the case. Official malfeasance was a major concern in 1550, and much of the
65 1497 Sudebnik,arts.3–8, 15–18, 21–6, 28–30, 36, 38–40, 44, 48, 50, 53, 64, 65, 68; 1550Sudebnik,
arts. 8–12, 15, 16, 18, 28, 30–1, 33–42, 44–6, 49–51, 55, 59, 62, 65, 74, 75, 77; 1589 Sudebnik,
arts. 10–17, 21, 27, 29, 77–9, 81–91, 94–6, 99, 102, 116, 133, 134, 139. On summonses, see 1497
Sudebnik,art.26; 1550 Sudebnik,arts.21, 41; 1589 Sudebnik,arts.168, 171.
66 1497 Sudebnik,arts.27, 32.
67 1550 Sudebnik,arts.62, 69 mention that some officials are literate, others are not. See
also 1589 Sudebnik,arts.116, 123.
68 1550Sudebnik,arts.41, 42, 49, 69, 72, 75; 1589 Sudebnik,arts.98, 99, 124, 129, 134.
69 1550Sudebnik,arts.7, 98; 1589 Sudebnik,arts.8, 201.
70 Inter alia, see 1550 Sudebnik,arts.39, 54, 63, 66, 67, 69, 71, 72, 76, 77, 100; 1589 Sudebnik,
arts. 117, 119, 120, 121, 126, 128, 129, 136–40, 204.
71 1497 Sudebnik,arts.19, 21; 1550Sudebnik,arts.28, 37, 38, 60, 97; 1589 Sudebnik,arts.75, 86,
200.
378
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